Court No. - 38 Case :- WRIT - C No. - 35926 of 2010 Petitioner :- Washil Respondent :- State Of U.P. And Others Petitioner Counsel :- Shashi Kant Shukla Respondent Counsel :- C.S.C.,Shishir Mehrotra Hon'ble Pankaj Mithal,J.
The petitioner took a loan of Rs.4,70,000/- from the Punjab National Bank,
respondent no.4. On account of non payment of same recovery/citation dated
31.5.2010 for recovery of a sum of Rs.5,62,750/- has been issued. This
recovery/citation is under challenge.
The contention of learned counsel for the petitioner is that the loan was
repayable in seven years up to 2014 and, therefore, even if there is any default
in payment of any instalment the respondents are legally not justified in
recovering the entire amount.
Sri Shishir Mehrotra, learned counsel for respondent-bank prays for and is
allowed three weeks time to file counter affidavit. One week thereafter is
allowed to the petitioner to file rejoinder affidavit.
List on the expiry of the above period.
Till next date of listing, the recovery of the amount in question shall remain
stayed provided the petitioner deposits a sum of Rs.1 lac within a period of
two weeks from today and continues to pay the the instalments as usual.
Order Date :- 21.6.2010
BK